Table of Contents
Jurisdiction of the Lands Tribunal
The Lands Tribunal has jurisdiction to hear and determine the following broad categories of cases:
I) Possession Cases
The Lands Tribunal has the power to determine whether a property owner hasLandlord and Tenant (Consolidation) Ordinance》 or common law application for possession of a building. In such applications, the Tribunal may, in addition to making an order for possession, also make an order for the payment of rent and mesne profits, the disposal of any property left behind by the tenant in the premises, and an order for damages for breach of the terms of the lease or sub-lease.
II) Regulated tenancy of subdivided flats
For the (Chapter 7 of the Laws of Hong Kong)Landlord and Tenant (Consolidation) Ordinance》In relation to subdivided tenancies governed by Part IVA, the Lands Tribunal has the power, in addition to the power to order the recovery of possession, to order:
Whether the tenancy is regulated by (Cap. 7 of the Laws of Hong Kong);
whether certain family members of a deceased tenant can acquire rights in respect of the interest of the deceased tenant under the governing tenancy; and
A claim for compensation by a superior or subordinate landlord for continued occupation of the premises by a tenant of a subdivided flat.
III) Building management cases
The Lands Tribunal has the power to determine disputes relating to building management, including those relating to the Lands Management Tribunal (Cap. 344 of the Laws of Hong Kong).Building Management Ordinance》 and disputes arising from the interpretation and enforcement of the deed of mutual covenant, the appointment or dissolution of the management committee, the convening of owners' meetings and the appointment of managers.
IV) Compensation Cases
When the Government compulsorily resumes the land of certain persons or causes a reduction in the value of their land in accordance with relevant ordinances for the purpose of carrying out public development, the Tribunal has the power to determine the amount of compensation that the Government must pay.
V) Forced Land Sale Cases
The majority owners shall be entitled to a majority interest in the shares under the Hong Kong Law (Chapter 545)Land (Compulsory Sale for Redevelopment) Ordinance》The Tribunal has the power to make a ruling on an application for the sale of land for redevelopment.
VI) Appeals
Any person who, under Chapter 116 of the Laws of Hong KongRating Ordinance》、(Chapter 515 of the Laws of Hong Kong)Government Rent (Assessment and Collection) Ordinance》 and (Chapter 283 of the Laws of Hong Kong)Housing Regulations》The Tribunal has the power to make a decision if an appeal is made.
In exercising its jurisdiction, the Lands Tribunal has the same powers as the Court of First Instance of the High Court to grant remedies and reliefs both in equity and at common law.
TOLL
| project | illustrate | style | Charge per unit | Access to information |
|---|---|---|---|---|
| 1. | Trial Case List | Leaflet | free | Post notice boards for public viewing |
| Web page | free | Judiciary website | ||
| 2. | General procedures for making applications under the Building Management Ordinance (Cap. 344) | Leaflet | free | Members of the public can obtain the copies at the counter. |
| Web page (265 KB) | free | Judiciary website | ||
| 3. | Procedure for applying for an order to recover possession of a building | Leaflet | free | Members of the public can obtain the copies at the counter. |
| Web page (245 KB) | free | Judiciary website | ||
| 4. | Regulating the procedures for leasing related applications | Leaflet | free | Members of the public can obtain the copies at the counter. |
| Web page (279 KB) | free | Judiciary website | ||
| 5. | General procedures for applying for compensation, etc. | Leaflet | free | Members of the public can obtain the copies at the counter. |
| Web page (188 KB) | free | Judiciary website | ||
| 6. | General Procedure for Making an Appeal under the Housing Ordinance (Cap. 283) | Leaflet | free | Members of the public can obtain the copies at the counter. |
| Web page (178 KB) | free | Judiciary website | ||
| 7. | General procedures for appeals under the Rating Ordinance (Cap. 116) and the Government Rent (Assessment and Collection) Ordinance (Cap. 515) | Leaflet | free | Members of the public can obtain the copies at the counter. |
| Web page (178 KB) | free | Judiciary website | ||
| 8. | Applying for an order to recover possession of a building | Leaflet | free | Members of the public can obtain the copies at the counter. |
| Web page (192 KB) | free | Judiciary website |
